Appeal No. 98-0353
Application 08/561,463
no reason to go further and incorporate a hard edge. Any
suggestions to make the modifications to the Clift utensil
proposed by the examiner would appear to be based on
impermissible hindsight gleaned from appellant's own
disclosure, rather than from the knowledge in the art.
Rejection (2) will therefore not be sustained.
Conclusion
The examiner's decision to reject claims 1 to 5 under 35
USC § 112, second paragraph, and 35 USC § 103 is reversed.
REVERSED
IAN A. CALVERT )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
LAWRENCE J. STAAB ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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JOHN P. McQUADE )
Administrative Patent Judge )
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